Outsourcing Legal Aid in the Nordic Welfare States
This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, an...
| Otros Autores: | , , |
|---|---|
| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Basingstoke
Springer Nature
2018
Cham : 2018. |
| Edición: | 1st ed. 2018. |
| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009438782006719 |
Tabla de Contenidos:
- Intro
- Preface
- Contents
- List of Figures
- List of Tables
- 1: Legal Aid in the Nordic Countries
- Nordic Legal Aid Research
- Purpose of the Book
- Outline
- References
- 2: Legal Aid in Norway
- Brief Overview and Introduction
- Research on Legal Aid in Norway
- The Public Legal Aid Judicare Scheme
- History
- Eligibility
- Financial Eligibility
- Material Criteria
- Other Criteria
- Grants and Providers of Legal Aid
- Administration of the Legal Aid Scheme for Civil Matters
- Use of Public Legal Aid Schemes
- Use of the Judicare Scheme for Legal Assistance Outside Court
- Use of the Judicare Scheme for Legal Aid in Court Proceedings
- Legal Aid Expenditure
- Expenditure on Legal Assistance Outside Courts
- Legal Representation Under the Judicare Scheme
- Expenditure on Alternative Legal Aid Schemes
- Public Legal Aid Offices
- Legal Expenses Insurance
- Alternative Legal Aid Schemes
- Pro Bono Work
- Student-Run Legal Aid Clinics
- Gatejuristen
- Norwegian Association for Asylum Seekers: NOAS
- Legal Aid Policy and Legal Aid Reform
- Conclusions
- Bibliography
- 3: Legal Aid in Sweden
- Introduction
- Historical Background
- Previous Research on Legal Aid in Sweden
- Legal Expenses Insurance
- The Public Legal Aid Scheme
- Entitlement Criteria
- General Restrictions
- Procedural Issues
- Conclusions on Entitlement to Public Legal Aid
- Providers Under the Scheme
- Use of Legal Aid4
- Spending on the Scheme
- Legal Aid Through Trade Unions
- Alternative Legal Aid Initiatives
- Pro Bono Legal Assistance
- Voluntary Student Legal Clinics
- Concluding Discussion
- References
- 4: Legal Aid in Finland
- Introduction
- Details and Function of the Finnish Legal Aid System
- Entitlement and Eligibility
- Legal Aid in PLA Offices
- Legal Aid Cases Handled by Private Attorneys.
- Expenditure9
- Alternative Legal Aid Initiatives
- Legal Expenses Insurance
- Other Legal Aid Initiatives
- Recent Policy Developments and Strategies for Publicly-funded Legal Aid
- The Debate on the Mixed Legal Aid Model in the Twenty-first Century
- Conclusion
- References
- 5: Legal Aid in Denmark
- Introduction and Historical Background
- Legal Aid Research
- Different Legal Aid Schemes2
- Pre-trial Legal Aid
- Legal Aid Providers
- The Use of Pre-trial Legal Aid
- Free Legal Aid (Fri Proces): Legal Aid in Regard to Lawsuits and Legal Proceedings
- The Use of Free Legal Aid in Lawsuits
- The Administration of, and Expenditure on, Legal Aid
- Concluding Remarks
- References
- 6: Legal Aid in Iceland
- Introduction
- Historical Background to the Development of the Law on Legal Aid
- The Current Legislation on Legal Aid in Civil Cases and its Administration
- Backlash During the Boom Years
- In the Eye of the Economic Storm
- Legal Aid Applicants and Recipients
- Gender Analysis
- Legal Expenses Insurance
- Access to Free Legal Counselling
- Conclusion
- References
- 7: Juss-Buss [Law Bus]: A Student-run Legal Aid Clinic
- Introduction
- Staff, Funding, and Case Types
- Case Types Mirroring Flaws in the Welfare State
- Workplace Organisation and Standardisation of Workflow
- Training
- Translating the Law into Everyday Language
- Referral Service for Clients
- Outreach Initiatives: With the Aim to Empower and Influence the Political Agenda
- 'Troubles-Talks'
- Help to Self-Help
- Legal Policy Work
- Concluding Remarks
- References
- 8: Gadejuristen [The Street Lawyers]: Offering Legal Aid to Socially Marginalised People
- Introduction
- The Organisation of Gadejuristen
- Staff, Funding, and Type of Cases
- Gadejuristen Cases
- The Work of Gadejuristen.
- Navigating in the Welfare State: Gadejuristen as Mediators
- Working on a Societal Level
- The Street Lawyer Method
- Conclusion
- Bibliography
- 9: Ex-prisoners' Need for Legal Aid in Denmark
- Introduction
- Material and Methods
- Lack of Legal Support for Ex-prisoners
- Ex-prisoners' Multifaceted Problems
- Need for an Income Combined with Complex Legal and Non-legal Problems Post-prison
- Housing Need Combined with Complex Post-prison Legal and Non-legal Problems
- Debt and Criminal History Challenge Income and Housing
- Intertwined Legal Aid Approach
- Difficulties in Transforming Multifaceted Needs into Legal Issues, and Applying for Help
- Trust and Seeking Comfort Amid Distrust and Discomfort
- New Legal Aid Initiative: Cross-functional Mentors Pre- and Post-release
- Concluding Remarks
- References
- 10: Nordic Legal Aid and 'Access to Justice' in Human Rights. A European Perspective
- Introduction
- Legal Aid Ideology in the Nordic Schemes
- Nordic Delivery Models
- Main Entitlement Criteria
- Problem Criteria
- Poverty Criteria
- Welfare Ideology Behind the Finnish and Norwegian Schemes
- The European Court of Human Rights' Case Law on 'Access to Justice'
- Main Features of the 'Access to Justice' Perspective
- The Obligation to Provide Legal Aid
- Comparisons to Nordic Legal Aid
- The European Commission for the Efficiency of Justice (CEPEJ): A New Instrument for Improving Legal Aid?
- The CoE's Soft Law on Legal Aid
- The CEPEJ's Main Challenges Concerning Legal Aid
- What Does the European Judicial Survey Tell Us About the Performance of European Legal Aid?
- The Overall Picture
- Nordic Legal Aid in the European Setting
- The CEPEJ's Evaluation of European Legal Aid Schemes
- Conclusion
- References
- Legislation and Other Legislative Documents
- Finland:
- Norway:
- Council of Europe/CEPEJ:.
- 11: Legal Aid and Clinical Legal Education in Europe and the USA: Are They Compatible?
- Introduction
- Definitions: Clinical Legal Education and Legal Aid
- Clinical Education
- Legal Aid and 'Legal Services'
- Legal Aid and Clinics in the USA: The Reagan Assault on Legal Services
- The Earliest US Clinics: Europe's Surprising Role
- The Second Wave: Social Activism in the 60s and Beyond
- Crisis: Reagan's Attacks on Legal Services via Clinics
- Early Legal Clinics in Central Europe: Poland's Clinical Links to Legal Aid
- Post-Soviet Rapid Expansion of Clinics
- The Polish Case
- The Polish Legal Clinics Foundation (FUPP) as Unifying Influence
- The Aftermath: Let a Hundred Flowers Bloom Throughout Europe and the USA
- References
- 12: Juridification, Marginalised Persons and Competence to Mobilise the Law
- Introduction
- The Theory of Juridification and Law-Dissociated Seekers of Justice
- Habermas' Concept of Juridification and Legal Policy Proposals as Seen by Norwegian Legal Aid Research
- The Development from Weber's Formal Rationality to the Procedural Rules of the Welfare State and the Consequences for Those Seeking Justice
- Conclusion on Mobilising the Law
- References
- 13: Outsourcing Legal Aid in the Nordic Welfare States
- Introduction
- Legal Aid in the Nordic Countries
- Legal Aid in the Nordic Countries: A Nordic Model?
- Third Sector Initiatives
- Individualisation of Legal Aid
- Conclusion
- References
- Index.
